Senate Bill 0040

    Florida Senate - 2000        (NP)                        SB 40

    By Senator Mitchell





    4-99-00

  1                      A bill to be entitled

  2         An act relating to the City of Tallahassee;

  3         providing for the relief of Jason Crosby and

  4         Donna Crosby, his mother, for injuries

  5         sustained as a result of an automobile accident

  6         involving Jason Crosby, a minor, and police

  7         officers employed by the City of Tallahassee;

  8         providing for an appropriation by the city;

  9         providing an effective date.

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11         WHEREAS, on January 16, 1996, 20-year-old Jason Crosby

12  was lawfully driving his vehicle in the southbound lane on

13  Capital Circle in the City of Tallahassee and was crossing

14  Mahan Drive when a vehicle driven by David Sykes ran a red

15  light, hitting Jason Crosby's vehicle and causing permanent

16  injuries to Jason, and

17         WHEREAS, it is alleged that David Sykes's vehicle was

18  at the time of the accident being negligently pursued by

19  employees of the Tallahassee Police Department, and

20         WHEREAS, in 1997, the Crosbys brought a legal action

21  against the City of Tallahassee, and

22         WHEREAS, the court denied motions for summary judgment

23  which were filed by the City of Tallahassee and the Crosbys

24  and set the matter for a 2-week trial period beginning April

25  5, 1999, and

26         WHEREAS, just prior to trial, the City of Tallahassee,

27  Jason Crosby, and Jason's mother, Donna Crosby, reached an

28  agreement whereby the city agreed to pay to Donna Crosby

29  $100,000, pursuant to the statutory limits on waiver of

30  sovereign immunity, for costs and attorney's fees and to

31  provide a structured annuity for Jason Crosby with monthly

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                        SB 40
    4-99-00




  1  lifetime and income supplement and 3-percent cost-of-living

  2  adjustments guaranteed for 25 years at a cost to the city not

  3  to exceed $300,000 present value, and

  4         WHEREAS, the City of Tallahassee has paid into a

  5  separate interest-bearing fund $200,000 for the purpose of

  6  applying those funds to the total settlement amount contingent

  7  upon the passage of this act, and

  8         WHEREAS, the City of Tallahassee, Jason Crosby, and

  9  Donna Crosby have consented to the filing of this act and have

10  agreed that, if this act becomes law, the City of Tallahassee,

11  within 30 days after the effective date of the act, will fund

12  the annuity, NOW, THEREFORE,

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  The facts stated in the preamble to this

17  act are found and declared to be true.

18         Section 2.  The City of Tallahassee is authorized and

19  directed to appropriate from funds of the city not otherwise

20  appropriated and to draw a warrant in the sum of $200,000 to

21  be applied toward the funding of an annuity for the benefit of

22  Jason Crosby. This amount will be in addition to the funds

23  already set aside and agreed to by the City of Tallahassee,

24  Jason Crosby, and Donna Crosby.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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